10/04/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2017-CA-00375-SCT

Marilyn Newsome, Individually and as Conservator/Conservatrix of Victoria Newsome v. Peoples Bancshares d/b/a Peoples Bank and Chris Dunn; Simpson Chancery Court; LC Case #: 2015-0068; Ruling Date: 03/01/2017; Ruling Judge: James Bell; Majority Opinion: Chamberlin, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed in Part and Remanded. On Cross-Appeal: Affirmed. Appellant and Appellees are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Ishee, JJ., Concur. Beam, J., not participating.

Charles E. Blake a/k/a Charles Blake a/k/a Charles Edward Blake v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-060; Ruling Date: 04/02/2015; Ruling Judge: Kenneth Thomas; Majority Opinion: Maxwell, J. Disposition: Affirmed. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Ricky W. Ward v. Dorothy Winston Colom; Lowndes Chancery Court; LC Case #: 2003-412; Ruling Date: 11/18/2011; Ruling Judge: Dorothy Colom; Disposition: The Motion for Rehearing filed by the Respondents is denied. Waller, C.J., Kitchens, P.J., King and Beam, JJ., would grant.

Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi, ex rel. and State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 09/09/2016; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2017-IA-00443-SCT Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi ex rel. State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 03/27/2017; Ruling Judge: Percy Lynchard, Jr.; Disposition: The State of Mississippi's Motion to Strike First Statement of Issue on Appeal is denied as moot. See opinion of this Court handed down this date.

Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi, ex rel. and State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 09/09/2016; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2017-IA-00443-SCT Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi ex rel. State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 03/27/2017; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Coleman, J. Disposition: No. 2016-IA-01385-SCT; Affirmed and Remanded. No.2017-IA-00443-SCT; Affirmed in Part; Reversed in Part and Remanded. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

In Re: Andre D. Cooley; Jones Chancery Court 2nd District; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Cooley's Petition for Writ of Mandamus is granted, and the Jones County Chancery Clerk shall accept Cooley's pro se petition for guardianship for filing. To Grant: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam and Ishee, JJ. To Dismiss: Coleman, J., Objects to the Order with Separate Written Statement Joined by Randolph, P.J. Not Participating: Chamberlin, J. King, J., for the Court. Order entered.

James Allen Higginbotham a/k/a James A. Higginbotham a/k/a James Higginbotham v. State of Mississippi; Winston Circuit Court; LC Case #: 2008-004-CR; Ruling Date: 02/28/2018; Ruling Judge: Joseph Loper, Jr.; Disposition: The appeal shall be dismissed upon the entry of this order. Costs of the appeal, if any, are taxed to Appellant. Agree with Order: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Specially Concurs with Separate Written Statement Joined by Waller, C.J., Kitchens, P.J., and Ishee, J. Maxwell, J., For the Court. Order entered.

Nathaniel Cooper a/k/a Nathaniel U. Cooper a/k/a Nathaniel Urail Cooper v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,016; Ruling Date: 04/04/2018; Ruling Judge: William Chapman, III; Disposition: The appeal shall be dismissed upon the entry of this order. Costs of the appeal, if any, are taxed to Appellant. Agree with Order: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Specially Concurs with Separate Written Statement Joined by Waller, C.J., Kitchens, P.J., and Ishee, J. Maxwell, J., For the Court. Order entered.

Jessie Frank Jones v. State of Mississippi; Tate Circuit Court; LC Case #: CR-2002-21LT; Ruling Date: 05/10/2018; Ruling Judge: James McClure, III; Disposition: The appeal shall be dismissed upon the entry of this order. Costs of the appeal, if any, are taxed to Appellant. Agree with Order: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Specially Concurs with Separate Written Statement Joined by Waller, C.J., Kitchens, P.J., and Ishee, J. Maxwell, J., For the Court. Order entered.

Eric Wallace v. State of Mississippi; Warren Circuit Court; LC Case #: 75CI1:18-cv-00022; Ruling Date: 04/24/2018; Ruling Judge: M. Chaney, Jr.; Disposition: The appeal shall be dismissed upon the entry of this order. Costs of the appeal, if any, are taxed to Appellant. Agree with Order: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Specially Concurs with Separate Written Statement Joined by Waller, C.J., Kitchens, P.J., and Ishee, J. Maxwell, J., For the Court. Order entered.